Transcript Title
Models for Professionalisation of Municipal Administrators Phindile Ntliziywana Conference on Local Government Law 19-20 November 2012 Port Elizabeth Models of professionalisation 1. 2. 3. 4. 5. 6. Non-statutory Association model Statutory Association model Generic Qualification model Short-term delegation model Performance Management model Standard setting model 1. Non-statutory Association model (i) Institute of Municipal Treasurers and Accountants (IMTA) A professional body for municipal finance officials -formed in 1929 to enhance the technical ability of municipal finance officials in South Africa NB Membership voluntary – not a formal requirement for recruitment into office Registered under section 21 of the Company’s Act as a non-profit organisation Curriculum I. II. III. 1929 Curriculum: Diploma curriculum 1972 Curriculum: partial graduate status 1980 Curriculum: full graduate status First 54 yrs exclusively catering for whites Black local authorities - 1982 (ii) Institute of Town Clerks of Southern Africa (1946) Aim: promote and improve the technical and professional knowledge of town clerks curriculum consisted of courses taken at any University for degree or nondegree purposes + Admission Exams Exemption Membership exclusively reserved for whites 2. Statutory Association model The Profession of Town Clerks Act and Municipal Accountants Acts of 1988 – statutory public recognition to IMTA and Institute of Town Clerks Curriculum still designed by the Institutes Membership - A legal requirement Appointment outside the Institutions, null and void. Unregistered person prohibited from performing municipal accountants functions – criminal offence 3. Generic Qualification model Profession of Town Clerk & Municipal Accountants Acts - repealed in 1996 and 2003 Retaining them would perpetuated black exclusion South African Qualification Authorities Act, 1995 Single national ministry of education & training, along with a National South African Qualifications Authority memorandum on the objects of the Profession of Town Clerks Act, Repeal Bill Skills Development Act, 1998 SETAs in every sector Local Government: LGSETA Skills Development Levies Act-1999 4. Short-term deployment model Initial response Quick fix model (National Development Plan) Project Consolidate (DPLG 2004)- deploy technical expert to selected municipalities Siyenza Manje (DBSA 2005)- recruits qualified retired experts and skilled consultants (with young graduates) to help with infrastructure, planning and capacity building Municipal Finance Management Support Programme (NT)- enhancing key financial management capacity 5. Performance Management Model Performance Management Regulations (2006) Focus on outcomes rather than inputs Subjects employment – signing of performance agreement Aim: Measuring and evaluating performance Performance bonus Correction in the case of substandard performance 6. Standard Setting Model National Treasury’s competency regulations (2007) standard setting without external enforcement Systems Amendment Act (2011) standard setting with external enforcement Treasury Regulations Prescribes minimum competencies of MMs, CFOs, senior managers and other financial officers (including supply chain management officials) Comprises qualifications, experience, core competencies and competencies in unit standards Uniform, except wrt financial officers differentiates according to budget size Key provisions Reg 13: Reg 14: municipal manager to monitor compliance and to take any necessary step to ensure compliance by 1 January 2013. Reg 15 and 18(2): Municipal manager must ensure the assessment of competencies - to identify competency gaps make the continued employment and the conditions of employment conditional on attainment of requisite competencies. Reg 16: attainment of the prescribed competency must be included in their performance agreement. Key provs.... Regulation 17: enjoins the municipalities to assist their officials to attain the competency levels. Reg 18(1): with effect from 1 January 2013, no municipality may employ officials not meeting the competency levels. Current picture (MDB 2011) Years of relevant experience -Municipal Managers- Relevant experience- CFO’s Technical services managers Consequences of not meeting requirements DATE OF APPOINTMENT CONSEQUENCES before 31 Dec 2012 ok, as long as you comply on or before 31 Dec 2012 after 31 Dec 2012 appointment = unlawful • legal uncertainty with respect to actual legal situation after 31 Dec 2012 – Minister of finance – issued a warning (dismissal), but how does it really work? – Financial and Fiscal Commission – recommended urgent and rigorous enforcement of the Regulations – Circular 60 – ‘continued employability impacted Consequences.... Does the contract lapse automatically? If contractually bound??????? Should there be a process that trigger regulations? Are municipality compelled to dismiss/demote managers who didn’t make it? no specific provisions dealing with external enforcement Non-compliance with financial management responsibilities, powers and duties – ‘financial misconduct’ What is clear is that this uncertainty could backfire and undermine the intentions of the Regulations Officials are exposed to different interpretations Their failure can be used against them by politicians Municipal Systems Act: standard setting + enforcement Focus: MMs and senior managers Regulates recruitment process Minimum competencies will be prescribed by CoGTA Appointment is invalid if: competencies not adhered to recruitment process not adhered to External supervision/support No suitable candidate? ask MEC to second If MEC fails ask the Minister Municipality reports to MEC on each appointment MEC passes report on to Minister Violation of the Act? MEC must take appropriate steps (e.g. court action) If MEC fails (wrt MM) Minister may Ethics MM/senior manager may not be political officebearer Focus of rules on ethics: all staff Staff member dismissed for misconduct? prescribed moratorium on re-employment elsewhere Staff member dismissed for financial misconduct? 10 yr moratorium External supervision: all ‘disciplinaries’ must be reported to MEC who forwards to the Minister Minister maintains central database of delinquents Models of professionalisation 1. 2. 3. 4. 5. 6. Non-statutory Association Statutory Association Generic Qualification Short-term delegation Performance Management Standard setting (with/without external enforcement) Thank You [email protected]